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1907 



Game and Fish Laws 
of Alabama 

In force March 19, 1907 




JOHN H. WALLACE, Jr. 

State Game and Fish Commissioner 
Montgomery, Ala. 



iHOWN PRINTING CO.. MONTGOMERY. »L 



/ 



190 7. 



GAME AND FISH LAWS 

OF THE 

STATE OF ALABAMA. 



IN FULL FORCE 
MARCH 19, 1907. 



State Game and Fish Commissioner, 

JOHN H. WALLACE, JR., 
MONTGOMERY, ALA. 






IN EXCHANQBj. 

NOV 24 1908' 



GAME LAWS. 



Z 

g No. 18. AN ACT. H. 111. 

■:^" Relating to the preservation, propagation and 

g protection of game, animals, wild birds and 

fish; establishing the department of game 
and fish, creating the office of State game 
and fish commissioner, and prcviding for 
his election and compensation; creating the 
offices of county game and fish warden, and 
deputy game and fish warden and providing 
for their appointment and compensation; 
creating a game and fish protection fund 
and appropriating m.onEy therefor. 

TITLE TO ALL WILD BIRDS, AND GAME, DE- 
CLARED TO BE IN THE STATE OF .VLA- 
BAMA. 

Section 1. Be it enacted by the Legislature 
of Alabama; That the title and ownership to all 
wild birds and game in the State of Alabama, 
not held by private ownership, legally acquired, 
is hereby declared to be in the State, and no 
wild bird or game shall be caught, taken or 
killed in any manner or at any time, or had in 
possession, except the persons so catching, tak- 
ing, killing or having in possession shall consent 



that the title to said wild birds and game shall 
be and remain in the State of Alabama fcr the 
purpose of regulating and controlling the use 
and disposition of the same after such catching, 
taking or killing. The catching, taking, or hav- 
ing in possession of wild birds cr game at any 
time, or in any manner by any person, shall 
]3e deemed a consent of said person that the 
title of the same shall be and remain in the 
State, for the purpose of regulating the U3e 
and disposition of the same, and such posse;^- 
sion shall be consent to such title in the Stat"3, 

ALL SONG^ AND INSECTIVOROUS BIRDS PRO- 
TECTED^ AND GAME BIRDS ENUMER- 
ATED. 

Sec. 2. That no person shall v/ithin the State 
of Alabama, catch or kill or have in his pos- 
session, living or dead, any wild bird, other 
than a game bird, or purchase, offer or expose 
for sale, transport, or ship within or without 
the State any such wild bird after it has been 
killed or caught, except as permitted by this act. 
No part of the plumage, skin cr body of any 
bird protected by this act shall be sold or had 
in posssesion for sale irrespective whether said 
bird was captured or killed within or without 
the State; for the purposes of this act the fol- 
lowing only shall be considered game birds; 



The anatidae, commcnly known as swans, geese, 
brant and river, and sea ducks; rallidae, com- 
monly known as rails, coots, mud hens and gal- 
linules; the the limicolae, commonly known as 
shore birds, plovers, surf birds, snipe, wood- 
cock, sand-pipers, tatlers, and curlews; the gal- 
linae, commonly known as wild turkeys, grouse, 
pheasants, and quails, and the species cf colum- 
bae, commonly known as turtle or mourning 
dove. No person shall within the State of Ala- 
bama take or willfully destroy the nests of 
any wild bird nor shall such nests or eggs bo 
in his or her possession except as permitted by 
this act. 

PENALTY FOR VIOLATING SECTIONS 1 & 2. 
Sec. 3 Any person who violates the provi- 
sions of sections 1 and 2 shall be deemed guilty 
of a misdemeanor and on conviction shall b" 
liable to a fine of not less than ten nor more 
than twenty-five dollars for each offense. 

CERTIFICATES GRANTED TO COLLECT 
BIRDS, ETC. 

Sec. 4. Certificates may be granted by the 
State game and fish commissioner to any prop- 
erly accredited person permitting the holder 
thereof to collect birds, their nests or eggs for 
strictly scientific purposes only. In order to 



obtain such certificates the applicant for th? 
same must present to the State game and fish 
commissioner written testimonials from two 
well known ornithologists, one of whom shall 
bo a resident of this State, certifying to the 
good character and fitness of said applicant to 
be €ntrusted with such privilege, and must pay 
to the State game and fish commissioner one 
dollar to defray the necessary expenses attend- 
ing the granting of such certificates. The certi- 
ficate authorized by this act shall expire the 
31st day of December in the year of which it 
is issued. 

BIRDS NOT PROTECTED. 

Sec. 5. That the English or European house 
sparrow, Coopers Hawk, chicken hawk, and ail 
members of the hawk family, great horned owl 
and crows are not included among the birds 
protected by this act. 

OPEN SEASON ON GAME BIRDS. 

Sec. 6. That no person or persons shall in- 
jure, kill or hunt or destroy by any means, 
whatever, or have or be in possession except 
as permitted by the provisions of this act, the 
following named game birds except between the 
following dates: Wild turkey gobblers, Decem- 
ber 1st, to March 1st following, quail (Bob 



White partridge) and dove, from November 1st 
to March 1st following, swans, geese, brant, 
ducks, rails, coots, mud hens, sand pipers, wood- 
cock and curlews or other shore birds, Novem- 
ber 1st to March 1st, snipe and plover November 
1st to May 1st following. Any person who 
violates any of the provisions of this section 
shall be deemed guilty of a misdemeanor and 
upon conviction thereof shall be punished with 
a fine of not less than ten or more than twenty- 
five dollars for each offense. 

PHEASANTS PROTECTED UNTIL 1912. 

Sec. 7. Any person who takes, captures or 
kills except under permit any ruffled grouse 
(pheasant) Mongolian, Chinese or English 
pheasant or ether imported game birds, before 
December 1st, 1912, and thereafter only from 
November 15th to December 15th, following, 
shall be deemed guilty of a misdemeanor and 
on conviction shall be punished by a fine of 
not less than five or more than twenty-five dol- 
lars for each offense, 

UNLAWFUL TO TRAP, ENSNARE GAME, 
ETC. 

Sec. 8. NO' person shall at any time make use 
of any pit fall, dead fall, scaffold, cage, snare, 
trap, net, salt lick, baited hook, or baited field 



8 



or any other similar device or any drug, poison, 
chemicals or explosiates for the purpose of in- 
juring, capturing or killing any birds or animals 
protected by this act, except as otherwise pro- 
vided. No person shall pursue, catch, take or 
kill any birds, deer, wild turkey, wild ducks, 
wild geese, brant or other aquatic bird or fowl, 
between dark and daylight the following day. 
Any person violating the provisions of this sec- 
tion shall be deemed guilty of a misdemeanor 
and en conviction shall be punished by fine of 
not less than five nor more than twenty-five dol- 
lars for each offense. 

DEER PROTECTED — UNLAWFUL TO KILL 
ANY DOE AT ANY TIME. 

Sec. 9. That it is hereby unlawful to kill 
or attempt to kill any doe or female deer in tha 
State of Alabama; it is further declared unlaw- 
ful to kill any deer between January 1st, and 
the first day of November in each calendar year. 
It is further declared unlawful to make use of 
any artificial light in hunting or killing deer. 
And the wearing or having such light on the 
head or any part of the body while hunting 
shall be prima facie evidence of the violation 
of this section. Any person violating the pro- 
visions of this section shall be deemed guilty 
of a misdemeanor and on conviction shall be 



punished by a fine of not less than ten nor moie 
than fifty dollars. 

OPEN SEASON ON SQUIRRELS. 

S€C. 10. That no person shall pursue, injure, 
capture, kill, or destroy any fox-squirrel, blaciv 
squirrel or grey squirrel, save only from Sep- 
tember first to the following P ebruary first, in 
each year, nor shall any person pursue, injure, 
capture or destroy any such squirrels at any 
time in any public or private park; provided 
that any person may protect his premises from 
the ravages and depredation of these animals 
at any time and in any way. Any person who 
violates the provisions of this section shall be 
deemed guilty of a misdemeanor and on con- 
viction shall be punished by fine of not less than 
five nor more than twenty-five dollars. 

BAG LIMIT SET OUT. 

Sec. 11. The right given by this act to take 
or kill deer, or game birds for j-ocd purposes 
is limited to one deer, two turkeys, and tweniy- 
five game birds of any other species for each 
person in any one day. No birds or game pro- 
tected by this act shall be held in possession of 
any person for more than five days after the 
close of the season for killing the same. Any 
person violating the provisions of this section 



10 



shall be deemed guilty of a misdemeanor aud 
upon conviction shall be fined not less than five 
nor more than twenty-five dollars for each of- 
fense. 

UNLAWFUL TO SELL GAME. 

Sec. 12. Any person, firm or corporation who 
shall at any time of the year barter, sell or offer 
for sale, whether taken or killed in this State 
or not, either under the name used in this 
act or under any other name or guise whatso- 
ever, any of the game birds or animals pro- 
tected by this act, whether lawfully or unlaw- 
fully taken, shall be deemed guilty of a misde- 
meanor and on conviction shall be fined not 
less than five nor more than twenty-five dollars 
for each offense. 

COST OF PROSECUTION — HOW TAXED. 

Sec. 13. That when an arrest for a viola- 
tion of this act is made by the State game and 
fish commissioner or by any warden and the 
defendant is convicted, there shall be taxed as 
cost in favor of such warden making the ar- 
rest, the same fee as a constable is entitled to 
in misdemeanor cases, and if collected from 
the defendant shall be paid over to such war- 
den and shall be his personal perquisite. But 
no fee shall be allowed in cases of acqtlittal. 



11 



TERMS DEFINED. 



Sec. 14. As used in this act, unless otherwise 
specifically restricted or enlarged the words 
"herein" and "hereof" refer to the whole act, 
and the w^ords "person," "owner," "proprietor, ' 
"grantee," "lessee" or "licensee," include a firm 
association, corporation or municipality and che 
wcrd "warden" means State game and fish 
commissioner, county game warden and deputy 
game warden provided for herein." The word 
"officers" include every person authorized to 
enforce the provisions of this act, and whenever 
the possession, use, importaJ:ion, transportaticn, 
storage, sale, offering or exposing for sale of 
game or birds, is prohibited or restricted, the 
prohibition or restrictions shall extend to and 
including every part cf such game and a viola- 
tion as to each animal or bird or part thereof 
shall be a separate offense and two or more 
offenses may be charged in the same affidavit, 
complaint or indictment, and proof as to part of 
a game bird or animal shall be sufficient to 
sustain a charge to the whole of it; and the 
violation as to the number of animals or birds 
of the same kind may be charged in the same 
count and punish as a separate offense as to 
each animal, bird or game. 



12 



IN CASES OF VIOLATION BY CORPORATIONS, 
WARRANT OF ARREST TO BE SERVED 
ON WHOM. 

Sec. 15. In cases of violation of this set by 
a corporation the warrant of arrest may be read 
to the president, secretary or manager in this 
State or to any general or local agent thereof, 
in any county where the action or indictment 
is pending, and upon the return of such warrant 
so served the corporation shall be deemed in 
court and subject to the jurisdiction thereof, 
and any fine imposed may be collected by exe- 
cution against the property of said corpora- 
tion, but this section shall not be construed to 
exempt an agent or employee from prosecution. 

FAILURE OF ANY OFFICER TO PERFORM 
DUTY. 

Sec. 16. Any official, officer or warden, who 
shall fail to perform any act, duty or obliga- 
tion enjoined upon him by the provisions of this 
act, shall be deemed guilty of a misdemeanor 
and on conviction shall be punished by a line 
of not less than fifty nor more than one hun- 
dred dollars. 



13 



STATE GAME AND FISH COMMISSIONER — ■ 
HOW ELECTED^ AND HIS TERM OF OF- 
FICE AND COMPENSATION. 

Sec. 17. That the members of the senate and 
house of representatives of this State shall 
meet in joini: session as soon as practicable af- 
ter the approval of this act, and in such joint 
session shall duly proceed to elect some person 
skilled in matters relating to game and fish. 
State game and fish commissioner, said person 
shall be known as a State game and fish commis- 
sioner of the State of Alabama, and shall hold 
his office until the 1st Monday after the second 
Tuesday in January, 1909, or until his succes- 
sor in office is duly elected and qualified. The 
successor to the State game and fish commis- 
sioner shall be elected by the qualified electors 
of the State at the general election in 1908, 
and every four years thereafter. The depart- 
ment of game and fish of the State of Alabama, 
is hereby established and created and shall be 
known and termed as such. -The State game 
and fish commissioner shall receive a salary 
of $2,500.00 (twenty-five hundred dollars) per 
annum, payable monthly out of the game and 
fish protection fund, in the same manner as 
other State officers are paid but the said State 
and game commissioner shall not be allowed 
any reimbursement for his expenses in trav- 



14 



elling over the State in the discharge of the 
duties of his office. 

STATE GAME AND FISH COMMISSIONER — 
HIS DUTIES, ETC. 

Sec. 18. The State game and fish commis- 
sioner shall be provided with a suitable office 
in the State capitol, and is hereby authorized 
upon the approval of the governor to employ 
a clerk when necessary. At the end of each 
calendar month said game and fish commission- 
er shall file with the governor an itemized 
statement under oath of all sums of money re- 
ceived or expended by him in the discharge of 
his official duty, including clerical services, sal- 
aries, and expenses of deputies while traveling 
under special orders as hereinafter provided, 
postage, stationery, and other necessary inci- 
dental expenses. Upon the approval of such ac- 
counts by the governor, the State auditor shall 
draw his warrant for such amount which shall 
be paid monthly out of the game and fish pro- 
tection fund and the clerk authorized by this 
act, shall receive two dollars per day while en- 
gaged in such service. The office and accounts 
of the State game and fish commissioner shall 
be audited by direction of the governor in the 
same manner as the office and account of any 
other State office are audited. 



15 



BOND OF STATE GAME AND FISH COMMIS- 
SIONER. 

Sec. 19. Before entering upon the discharge 
of his official duties the State game and fish 
commissioner shall give bond in the sum of 
five thousand dollars to the State of Alabama 
with two' or more sureties to be acceptable to 
the secretary of State, conditioned that he will 
well and truly account for all and apply all 
moneys which may come into his hands in his 
official capacity, and that he will faithfully 
perform the duties enjoined upon him by law, 
and he shall take and subscribe the oath or 
affirmation required by the constitution of the 
State. The secretary of State upon being offi- 
cially apprised of the name of the person se- 
lected by the joint session of the Senate and 
the house of representatives for State game 
and fish commissioner shall issue to said person 
his commission. 

DUTIES OF STATE GAME AND FISH COM- 
MISSIONER FURTHER DEFINED. 
Sec. 20. The State game and fish commis- 
sioner shall keep a seal of office which shall 
be used to authenticate all papers and docu- 
ments issued and executed by him as such offi- 
cer. In the month of October in the year 1910 
and every four years thereafter, the State game 



16 



and fish commissioner shall make a report to 
the governor showing the official business 
transacted by him. Such report shall show 
the number of hunter's license issued, together 
with all fees proceeding therefrom. It shall 
show what moneys have been received by the 
game and fish department from other fees and 
from other sources. It shall show the number 
of wardens employed under special instructions, 
and shall give all necessary information con- 
cerning the affairs of the department of game 
and fish. Such report to be published in paui- 
phlet form. 

THE ENFORCEMENT OF THE GAME AND 
FISH LAWS. 

Sec. 21. It shall be the duty of the State 
game and fish commissioner to enforce all laws 
now enacted or that may hereafter be enacted, 
for the protection, preservation, and propaga- 
tion of game, animals, birds and fish in this 
State, and to prosecute all persons who violate 
such law. Such game and fish commissiouwr 
shall at any time and all times seize any -and 
all birds, animals or fish which have been 
caught or killed at a time, in a manner or for 
a purpose or in possession or which have been 
shipped contrary to the laws of this State. 



17 



BLANKS AND OTHER PRINTED MATTER. 

Sec. 22. The blanks and other printed mas- 
ter necessary to carry out the provisions jI; 
this act upon the approval of the governor shall 
be printed under the direction of the Stace 
game and fish ccmmissioner, and shall be paid 
for in like manner and upon the same terms 
as other public printing. This expense shail 
be chargeable to the first money covered 
into the game and fish protection fund. 

POWER OF WARDENS TO EXECUTE PRO- 
CESSES. 

Sec. 23. The State game and fish commission- 
er and his deputies shall have the same power 
to serve criminal processes as sheriffs and cju- 
stables. 

COUNTY WARDENS — HOW APPOINTED, 
BOND OF AND DUTIES OF. 

Sec. 24. The State game and fish commission- 
er shall as soon as practicable, after assuming 
the duties of his office, appoint by and with 
the consent and approval of the governor, some 
person skilled in matters relating to game and 
fish, game and fish w^ardens, in each county in 
this State, and such persons so appointed shail 
be known as county game and fish wardens. 



18 



Said warden shall assist the State gam€ and 
fish commissioner in the discharge of his offi- 
cial duties, and said warden shall have like 
power and authority herein provided for the 
State game and fish commissioner, relative to 
the enforcement of this law, but said deputies 
and wardens shall be subject to the supervision 
and direction of the State game and fish com- 
missioner and subject to removal for cause by 
him. Said wardens shall hold office for four 
years, or until their successors are duly ap- 
pointed; before entering upon the discharge of 
their official duties each county game and fish 
warden shall give bond in the sum of five hun- 
dred dollars payable to the State of Alabama 
with two or more sureties, to be approved by the 
secretary of State, conditioned that he will 
well and truly account for and legally apply 
all money which may come into his hands in 
his official capacity and that he will faith- 
fully perform all the duties enjoined upon him 
by law. 

COMPENSATION OF COUNTY WARDENS. 

Sec. 25. Each county game and fish warden 
shall receive one-half of all fines, forfeitures 
and penalties collected in the county in which 
he holds office. And such moneys shall be so 
paid by the courts collecting the same, and the 



19 



remainder shall be forwarded to the State treas- 
urer and covered into the game and fish protec- 
tion fund. 

LAWS TO BE PUBLISHED IN PAMPHLET 
FORM. 

Sec. 26. The State game and fish commission- 
er by and with the consent of the governor 
shall cause to be published in pamphlet form 
for general distribution the laws relating to 
game, birds and fish. 

PERMITS TO CAPTURE GAME — WHEN IS- 
SUED. 

Sec. 27. The State game and fish commis- 
sioner may issue permits to any person to take, 
capture, kill, or transport game birds or fish 
within or without this State, at any time when 
satisfied that such person applying for said per- 
mit desires, the same exclusively for scienti- 
fic or propagating purposes, provided he shall 
not issue permits to capture or transport more 
than ten pairs of any one species in any year. 

PERMITS ISSUED ON PAYMENT OF ONE 
DOLLAR. 
Sec. 28. Upon the payment of one dollar to 
the State game and fish commissioner he is 
hereby authorized to issue permit according to 
tlie provisions of this act. 



20 



OFFICERS DECLARED TO BE EX-OFFICIO 
DEPUTY GAME AND FISH WARDENS. 
Sec. 29. All sheriffs, deputy sheriffs, mar- 
shals, constables, or other peace officers in 
this State are hereby declared ex-officio deputy 
game and fish wardens. 

UNLAWFUL TO HUNT WITHOUT FIRST 
PROCURING LICENSE. 
Sec. 30. It shall be unlawful for any person, 
after the approval of this act to hunt outside 
of the limits of the voting precinct, ward or 
beat in which he actually resides, without first 
obtaining a license permitting him or her to 
do so. Such license shall be dated when issued, 
and shall authorize the person named therein 
to hunt during that calendar year, and then 
only within the regulations and restrictions 
provided by law. All hunting licenses shall be 
numbered consecutively at the time they are 
printed and resident and non-resident blanks 
shall be furnished by the State game and fish 
commission or to the probate judges of the 
various counties in this State. 

COUNTY HUNTERS LICENSE HOW PRO- 
CURED. 
Sec. 31. Any person who has been a bona 
fide resident of this State one year then past 



21 



may procure a county hunting license for him- 
self or herself by filing his or her affidavit with 
the probate judge in the county in which he or 
she resides, stating his or her age, place of res- 
idence, post office address, color of his or her 
hair and eyes and the fact whether he or she 
cannot write his or her name, and by paying 
the said probate judge the sum of one dollar; 
provided this section shall not apply to owners 
and tenants who may hunt on th-eir own lands 
in season without obtaining a hunting license. 

STATE HUNTERS LICENSE HOW PRO- 
CURED. 

Sec. 32. It shall be unlawful for any person 
after the approval of this act to hunt in this 
State, outside of the limits of the county in 
which he actually resides without first obtain- 
ing a license permitting him or her to do so, 
such license shall be dated when issued and 
the person named therein shall be authorized 
to hunt during that calendar year, and then 
only within the regulations and restrictions pro- 
vided by law. Such person shall file with the 
probate judge of the county to whom he applies 
for license the affidavit provided by section 31, 
and shall pay to the said probate judge the 
sum of three dollars which shall entitle him or 
her to a State hunting license and shall au- 



22 



thorize him or her to hunt in any county in 
this State, provided the provisions of this act 
shall not apply to owners and tenants who are 
hereby allowed to. hunt on their own lands in 
season without obtaining State license. 

NON-RESIDENT HUNTERS LICENSE — HOW 
. PROCURED. 

Sec. 33. Any non-resident of this State may 
procure a license for hunting by filing his or 
her affidavit with the probate judge of any 
county in this State stating his or her age, place 
of residence, post office address, color of nis 
or her eyes and hair and the fact whether he 
or she can or cannot write his or her own name 
and by paying the said probate judge the sum 
of fifteen dollars. The provisions of this sec- 
tion shall apply to all aliens as well as non- 
residents. 

PROBATE JUDGES TO ISSUE HUNTERS LI- 
CENSE. 
Sec. 34. That the probate judges shall issue 
all hunting licenses resident and non-resident 
under the seal of their office to all persons 
complying with the provisions of this act, dad 
shall sign the same and shall require the per- 
son to whom the license is issued to sign his 
or her name on the margin thereof. He shall 



23 



keep a correct and complete record of all li- 
censes issued in a book to be furnished by the 
State game and fish commissioner, which record 
shall remain in his office and be open to the 
inspection of the public at all reasonable times. 
Probate judges shall retain of the money receiv- 
ed of each license issued the sum of fifteen cents 
which shall cover the swearing of the appli- 
cant to the affidavit herein referred to and 
all other services under this act, and shall pay 
the b'alance to the State treasurer on the first 
day of each month, which amount shall be cov- 
ered into the game and fish protection fund, 
and said probate judges shall report to the 
State game and fish commissioner on the first 
day of each month the number of licenses is- 
sued, and the amount of mon^y remitted to the 
treasurer. 

PENALTY FOR HUNTING WITHOUT LI- 
CENSE. 
Sec. 36. All persons having hunters license 
must carry the same, when hunting, and any 
person who shall hunt in this State without 
first having procured a license as herein provid- 
ed or who shall loan his or her license to an- 
other person shall be guilty of a misdemeanor 
and shall be punished by a fine of not less than 
ten nor more than twenty-five dollars. 



24 



PENALTY FOR MAKING FALSE STATEMENT 
. IN ORDER TO PROCURE LICENSE TO 
HUNT. 

Sec. 37. Any person who shall make to any 
officer authorized to issue a hunting license, a 
false statement or change or alter his or her 
license in any manner shall be punished by a 
fine of not less than ten nor more than twenty- 
five dollars. 

LICENSE MUST BE PRINTED ON DISTINCT- 
IVE COLORS. 

Sec. 38 The license for resident and non-rps- 
ident shall be printed on distinctive colors. The 
State game and fish commissioner shall deliver 
to each probate judge in this State as soon as 
practicable after this act goes into effect and at 
least ten days before the first day of January 
in each year thereafter, as many licenses as may 
be required, and shall charge said probate 
judges with the number issued to them. On the 
15th day of December in each year, and within 
ten days thereafter, each probate judge shall re- 
turn to the State game and fish commissi one'* 
all unused licenses and stubs of the licenses 
issued. 



25 



GAME AND FISH PROTECTION FUND CRE- 
ATED. 

Sec. 39. All moneys sent to the State treas- 
urer in payment of hunting licenses, fines, pen- 
alties and forfeitures, arising under the pro- 
visions of this act, shall be set aside by the State 
treasurer and shall constitute a fund known 
as the "Game and Fish Protection "Fund," for 
the payment of the salary of the State game 
and fish commissioner and his necessary inci- 
dental expenses, also the payment of the ex- 
penses of the game and fish wardens when act- 
ing under special instructions. The expenses 
incurred for any purpose or in consequence ot 
this act, shall be limited to the amount of mon- 
ey in the game and fish protection fund, and in 
no event shall the State pay any such salaries 
or expenses or be liable in any manner therefor 
except to the extent of such game and fish pro- 
tection fund, and the State game and fish com- 
missioner shall not issue any voucher nor shall 
the State auditor approve any voucher if issued 
by the s?id State game and fish commissioner 
for any services or any expenses of any kind 
unless the money to pay such voucher shall at 
the time be on hand in the State treasury to 
the credit of the State game and fish protec- 
tion fund. 



26 



WARDENS ACTING UNDER SPECIAL IN- 
STRUCTIONS TO RECEIVE 13.00 PER 
DAY. 

Sec. 40. Game and fish wardens acting under 
special instructions shall receive three dollars 
per day for their services. 

DUTIES OF OFFICERS TO REPORT PROSECU- 
TIONS TO STATE GAME AND FISH 
COMMISSIONER. 

Sec. 41. That it shall be the duty of every 
justice of the peace, and clerk of any court 
before whom any prosecution under this act 
is commenced, or shall go on appeal and with 
in twenty days after trial or dismissal thereof 
to report in writing the result thereof and the 
amount of fine collected, if any, and the dis- 
position thereof to the State game and fish com- 
missioner. All moneys collected from fines, pen- 
alties or forfeitures under this act, shall be- 
long to the game and fish protection fund with 
the exception of that part which under this act 
belongs to the wardens, and shall be paid over 
by the officer authorized to- collect said money 
to the State treasurer on or before the first day 
of each month, and shall be covered by him into 
the game and fish protection fund. And the 
State treasurer shall report on the first day of 
each month to the State game and fish ccmmis- 



27 



sioner the exact amount of money to the credit 
of the game and fish protection fund. 

UNLAWFUL TO SHIP GAME — HOW IT CAN 
BE CARRIED. 

Sec. 42. It is unlawful for any person who 
has lawfully killed the same in this State, ro 
take, ship or transport out cf this State or 
ship or transport within the State any of the 
birds or game protected by the laws of this 
State, unless the same be in the personal pos- 
session of, or carried openly to the owner there- 
of, and such person carrying said game shall 
have in his possession, issued to him a non-res- 
ident license, if the game so transported is to 
be carried out of this State, and shall have a 
residents license issued to him under the pro- 
visions of this law, and shall accompany said 
game birds or game animals on the same train 
or other conveyance of a common carrier if 
shipped within this State. Any person who vio- 
lates the provisions of this section shall De 
guilty of a misdemeanor and on conviction 
shall be punished by fine of not less than tea 
nor more than fifty dollars. 

UNLAWFUL FOR COMMON CARRIERS TO 
SHIP GAME. 
Sec. 43. Any person, company, corporation 
or common carrier before shipping or trans- 



28 



porting any birds or game, must ascertain if the 
person offering for shipment such birds cr game 
is in possession of a hunting license duly is- 
sued to him and covering the period when 
such shipment is offered. No person, company, 
firm corporation or common carrier shall ship 
or receive for transportation or shipment any 
of the birds or game protected by the provi- 
sions of this act except as provided for in sec- 
tion 42. Any person, firm or corporation or 
common carrier, violating the provisions of 
this section shall be deemed guilty of a misd-v>- 
meanor and upon conviction thereof shall be 
pnuished by fine of not less than fifty nor more 
than one hundred dollars. 

UNLAWFUL TO HUNT ON LANDS OF AN- 
OTHER WITHOUT AVRITTEN PERMIS- 
SION. 
Sec. 44. That it is hereby made unlawful for 
any person to hunt on the lands of another 
w^ithout first having obtained from the owner or 
agent thereof a written permission to do so, 
said written premises shall be good for one 
year from date of issuance unless otherwise 
provided therein, and said permission Shall 
expire unless otherwise provided at the expira- 
tion of one year from the date of issuance. 
Any person violating the provisions of this sec- 



29 



tion shall be deemed guilty of a misdemeanor 
and on conviction shall be fined not less than 
ten nor more than twenty-five dollars. 

ALL FINES TO BE PAID IN CASH. 

Sec. 45. All fines imposed under the provis- 
ions of this act shall be paid in lawful money, 
that is to say, in currency of the United States 
of America. 

WHEN ACT DOES NOT APPLY. 

Sec. 45 1-2. The provisions of this act shall 
not apply to persons hunting any of the birds 
or animals of this State which are not protec- 
ted by the provisicns of this act. 

JUDGES TO CHARGE GRAND JURIES TO IN- 
QUIRE INTO INTERACTIONS OF GAME 
LAW. 

Sec. 46. That circuit judges and the judges 
of concurrent jurisdiction in this State, ba, 
and they are hereby required to give the grand 
juries when organized, the provisions of this 
act strictly in charge and to urge strict inquiry 
into infractions thereof. 

WARDENS TO EXTINGUISH FIRES LEFT 
BURNING. 

Sec. 47. That the protection of the forest 
being necessary fcr the preservation of the 



30 



game of the State, the game and fish wardens 
shall while in and about the woods caution all 
sportsmen of the danger from fires and to ex- 
tinguish all fires left burning by any one it 
within their power, and to give notice to any 
and all persons interested when possible, of 
fires raging beyond their control to the end that 
the same may be extinguished. 

ALL GAME LAWS IN CONFLICT REPEALED. 
Sec. 48. That all laws and parts of lawt?, 
general, special or local in conflict with the pro- 
visions of this act, be, and the same are hereby 
repealed. 

Approved, this 19th day of Feb., 1907. 



FISH LAWS. 

No. 50.) AN ACT. (H. 110. 

Relating to the preservation, propagation and 
protection of the fish of Alabama. 

Section 1. Be it enacted by the Legislature of 
Alabama, That the ownership and title to all 
fish in the State of Alabama not held by private 
ownership legally acquired, is hereby declarf^^d 
to be in the State, and no fish shall be caught 



31 



taken, or killed in any manner or at any time, 
or had in possession except the person so catch- 
ing, killing or having in possession shall con- 
sent that the title to said fish shall be and re- 
main in the State of Alabama for the purpose 
of regulating and controlling the use and dis- 
position of after such catching, taking or kil- 
ling. 

Sec. 2. That the use of dynamite or explo- 
sives of any kind in any of the waters in this 
State is prohibited except by special permission 
of and under the supervision of the State game 
and fish commissioner, and then only for min- 
ing or mechanical purposes, or, to recover the 
bodies of persons. Any person, firm or corpo- 
ration violating the provisions of this section 
shall be deemed guilty of a misdemeanor and 
en conviction shall be fined not less than one 
hundred nor more than three hundred dollars. 

Sec. 3. That it shall be unlawful for any 
person, to take, catch or kill any fish in any 
of J:he waters of this State by means of any 
seine, trammel net, gill net, fish trap or any 
other device or trap, or by any means other 
than by ordinary hook and line, gig, spear or 
trot line. This provision shall not apply to 
ponds and reservoirs wholly on the premises 
belonging to any person using such device: pro- 
vided this section shall not apply to navigable 



32 



rivers, one hundred yards from the mouth of 
any stream emptying into any such rivers, or 
to the salt waters of the State, and provided 
further that provisions of this act shall not ap- 
ply to any waters in the State in which the 
tide ebbs and flows; provided further that this 
section shall 'apply within one-half mile of 
locks or dams on navigable rivers. Any person 
may use a small seine not more than twelve 
feet in length and four feet in width known as 
minnow seine for catching minnows to be used 
for bait only. Any person violating the pro- 
visions cf this act shall be deemed guilty of a 
misdemeanor and shall on conviction be fined 
not less than fifty nor more than two hundred 
dollars. 

Sec. 4. All money arising under the provi- 
sions of this act from fines, forfeitures, eic, 
shall be forwarded to the State treasurer on 
the first day of each month and covered into 
the game protection fund. 

Sec. 5. Each county game and fish warden 
shall receive one-half of all the fines, forfei- 
tures and penalties collected under th© game 
and fish laws in the county in which he holds 
office. 

Approved, Feb. 19, 1907. 



LIBRARY OF CONGRESS 



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